Overdue Child support


#1

Dear Jill:

Greetings. I am truly sorry to hear about the dilemnas that you have obtaining your child support. No, serving a show cause motion by a private process server (a detective) is not an option. Instead, you will need to contact the child support enforcement agency and ensure that they add his address at work to the summons. I hope that helps!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for your quick response.

The child support enforcement for North Carolina does not have anything to do with this “show cause”. The child support office at the clerk of courts office here in my county is the ones who issued the show cause. The person over the child support at the clerks office ask me to call the other county’s sherrifs department and give them all the info. that I knew. Which I did. Did that help, NO!!

How can we get this dead beat dad to court for child support? How can I get these papers served? Since he was not in court today, the judge set another court date. How long does this go on?

Would you suggest that I just get an attorney to get involved with this? Would things go any faster? This was NOT through DSS. My attorney who did the temporary child custody case, started the child support. However, the support is to be paid through the child enforcement in Raleigh.

I truely appreciate your answers. Thanks.


#3

Dear Jill:

Greetings. Last I knew, all child support enforcement activities were taken out of the clerk of court’s office and placed in child support enforcement’s jurisdiction, but it could be different county by county.

Since the judge issued a new court date, you need to get the summons reissued by the clerk of court with both of his addresses (work and home). You can also just call the Sheriff and let them know to also try his work address.

Until he is served, the matter will be continued. It is a never ending cycle, so to speak.

An attorney cannot speed up service, but they can make sure that the paperwork requesting service is correct. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Janet, thank you so much for your answer.

I called to the other county and spoke with the Sheriff. The show cause was served on Thursday night.

More questions; when he goes to court can this be continued again? Can a judge denied a court appointed attorney? What if the person has a good job and makes good money, could he still be awarded a court appointed attorney? How does this go?

Thank you.


#5

Dear Jill:

Greetings. Yes, it may be continued again, but usually only for 10 days unless you have a specific judge which needs to hear the matter and then it will normally be continued until that judge is available. If he retains an attorney, it is likely to be continued to allow the attorney to have time to prepare his/her case.

If you have asked for criminal contempt punishments, the judge may order a court appointed attorney to represent him. The court has their own standards on who can obtain a court appointed attorney and I do not know them off hand. Even if he has an attorney, he still has to say why he is not paying. Happy holidays and let us know how the hearing goes!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Hello,

First I would like to say “Thanks” for this web-site and the time you take to answer questions.

Now to my problems. My ex. does NOT like to pay child support. He is behind several months. Never paid by the court orders. The clerk of courts office here in my county, decided to serve him with a “show cause” the court date was TODAY. Well, yesterday the clerk of courts office in my county, found out that the show cause had not been served. He lives in another county. I called the sherrif’s office in his county and was told, “well, we have been out to his house several times and he wasn’t home”. DUD!! He has a full time job. They have had the papers a TOTAL of 20 days. Enough time don’t you think.

My questions: What can I do to get these papers served? Hire a detective? Please give me some insights into this problem.

Thank you.